Canadian Underwriter

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Legal


News InsuranceLegal

“Scope for more flat-fee arrangements” with lawyers handling claims: procurement manager

May 14, 2010 by Canadian Underwriter

Although 95-98% of insurers’ legal bills for handling claims files still follow a billable-hours fee structure, “there is scope for more flat-fee arrangements,” Lori Brazier, claims procurement manager for Aviva Canada, told a seminar at the CIP Society Symposium 2010

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Insurer successfully proves arson as the cause of a car fire

May 14, 2010 by Canadian Underwriter

The Ontario Superior Court of Justice has dismissed a claim for damages resulting from a vehicular fire, determining instead that arson caused the fire.In Salihi v TD General Insurance Company, Najib Ullah Salihi attempted to sue his auto insurer for

News InsuranceLegal

DAS Canada receives Letters Patent as Canada’s newest insurance company, to specialize in legal expense insurance

May 14, 2010 by Canadian Underwriter

Canada’s Minister of Finance has issued Letters Patent to DAS Legal Protection Insurance Company Limited (DAS Canada), making it the first insurer in the country to specialize in offering legal expense insurance. The company will provide customers with policies that

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Kingsway makes a 2010 Q1 profit; reports feud with Lincoln’s run-off manager

May 14, 2010 by Canadian Underwriter

Kingsway Financial Services Inc. has reported a $24.1-million profit for 2010 Q1, despite sustaining a $29.5-million underwriting loss in the same quarter.Also, Kingsway has reported a new obstacle related to its run-off of Lincoln General, namely a dispute with the

News InsuranceLegalMergers and Aqcuisitions

Comer v. Pilot illustrates challenges that insurers face in proving fraud

May 13, 2010 by Canadian Underwriter

Cary Comer v. Pilot Insurance Company demonstrates the challenges insurers face when trying a suspected fraud claim, Richard Bickford told delegates at the ISB-U Education Series. Combat Auto Fraud, an ISB education training and resources session, was held May 12

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Recovery rate for stolen vehicles drastically reduced, suggesting organized crime involvement: OPP

May 13, 2010 by Canadian Underwriter

Ontario Provincial Police jurisdictions currently have a recovery rate of about 50% for stolen vehicles, compared to a 90% recovery rate in 1990. The figures were presented by Stephen Boyd, detective sergeant and program manager for the provincial auto theft

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Insurance agent nominee has duty to end unethical practices of employer(s): B.C. Insurance Council

May 12, 2010 by Canadian Underwriter

A Level 3 general insurance agent nominee must do more than simply report regulatory concerns to her employers (the principals of the brokerage), especially when the concerns include the conduct of the principals, the Insurance Council of B.C. has ruled.Raghbir

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Amendments to B.C. Insurance Act would mandate use of alternative dispute resolution

May 11, 2010 by Canadian Underwriter

Proposed amendments to British Columbia’s Insurance Act include the requirement that alternative dispute resolution (ADR) be the first step in resolving insurance disputes.The amendment is intended to reduce the number of insurance disputes that end up in litigation, said the

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New Brunswick plays game of wait-and-see with Nova Scotia’s new minor injury cap

May 11, 2010 by Canadian Underwriter

New Brunswick is keeping an eye on the outcome of Nova Scotia’s recent decision to triple its minor injury damages cap from $2,500 to $7,500, according to a report by the Times & Transcript, based in Moncton, New Brunswick.New Brunswick

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B.C. solicitor general considers making driving records public

May 10, 2010 by Canadian Underwriter

British Columbia’s solicitor general is mulling over the idea of making driving records — including impaired driving infractions — public, reports the Times Colonist.Mike de Jong, B.C.’s solicitor general, told the Times Colonist he would consider setting up a system

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OSFI calls on board members to help avert next financial crisis

May 10, 2010 by Canadian Underwriter

Board directors of financial institutions “need to take better ownership for averting the next [financial] crisis,” says Canada’s solvency supervisor.This means board directors should take a more active role in supervising and the risk management decisions of corporate management, said

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Hiring a lawyer can be a “cost-efficient” way to manage some exposures in Ontario’s expanded claims court

May 7, 2010 by Canadian Underwriter

Hiring experienced counsel to help craft strategic offers of settlement might just be the most cost-effective way for an insurer to negotiate Ontario’s newly expanded small claims court, Todd J. McCarthy of Flaherty Dow Elliott & McCarthy told a Canadian